Delhi High Court Refuses to Stay Bail Granted to Activist Khurram Parvez, Journalist Irfan Mehraj in UAPA Case
The Delhi High Court on Tuesday declined to stay the trial court’s order granting bail to Kashmiri human rights activist Khurram Parvez and journalist Irfan Mehraj in a case registered under the Unlawful Activities (Prevention) Act (UAPA). The matter came up on appeals filed by the National Investigation Agency (NIA) challenging the bail order passed by the Patiala House Court.
A Division Bench of the High Court, while refusing the NIA’s request for an immediate stay on the bail order, issued notices to both Parvez and Mehraj and sought their responses to the agency’s appeal. The Court observed that, at this stage, there were no grounds to suspend the operation of the trial court’s decision pending further consideration of the case.
However, the High Court imposed stricter conditions on the grant of bail to ensure that the accused remain available for investigation and trial. The Court directed them to comply with all conditions imposed by the trial court and added safeguards intended to prevent any interference with witnesses or evidence during the pendency of the proceedings.
The case arises from an NIA investigation initiated in 2020, alleging that certain non-governmental organisations operating in Jammu and Kashmir were involved in terror funding and activities prejudicial to the sovereignty and integrity of India. The NIA has accused Parvez and Mehraj of participating in the alleged conspiracy, charges that both have consistently denied.
The trial court had granted bail on 18 July, taking note of factors including the prolonged incarceration of the accused and the progress of the proceedings. The order was viewed as significant because both Parvez and Mehraj had spent several years in custody while the trial remained pending.
The NIA, contesting the trial court’s findings, argued before the High Court that the seriousness of the allegations under the UAPA warranted suspension of the bail order. The agency maintained that the trial court had failed to properly appreciate the statutory restrictions governing the grant of bail in terrorism-related offences.
With the High Court declining to stay the bail, the relief granted by the trial court continues to operate, subject to the enhanced conditions imposed by the High Court. The appeals filed by the NIA will now proceed on merits, where the Court will examine the legality and correctness of the bail order after hearing all parties.
